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Adultery Law and Legal Definition

Adultery is defined as consensual sexual relations when one of the
participants is legally married to another. Some states have laws making
it a crime and and in many states it is grounds for divorce for the spouse
of the married adulterer. Adultery statutes are based upon the married status of the parties, and a breakdown in the marital relationship is not a defense. Adultery is rarely prosecuted, and in no-fault
divorce (or dissolution) states, adultery is legally not relevant. In some states, adultery statutes require heterosexual intercourse to have taken place.

In states where adultery is a crime, it is a defense if the person accused reasonably
believes that he and the other person are unmarried persons. The burden
of raising this issue is on the defendant, but this does not change the
burden of proof.

The following is an example of an Arizona adultery statute:

" A married person who has sexual intercourse with another than his or her spouse, and an unmarried person who has sexual intercourse with a married person not his or her spouse, commits adultery and is guilty of a class 3 misdemeanor. When the act is committed between parties only one of whom is married, both shall be punished.

No prosecution for adultery shall be commenced except upon complaint of the husband or wife. "